Judy, USMC Posted September 25, 2010 Share Posted September 25, 2010 http://tess2.uspto.gov/bin/showfield?f=doc&state=4004:7cotr9.3.1This a link to the rights Yankee has on this!It says basically you can not call them wax potpouri tarts in a whole nothing about seperate!The link sessions expire so here's a cut & paste of the pertinent trademark information for what I've found:"Word Mark TARTS Goods and Services IC 004. US 015 040. G & S: fragrant wax for use in potpourri burners. FIRST USE IN COMMERCE: 19880630 Published for Opposition August 4, 1992 Registration Date October 27, 1992 Owner (REGISTRANT) YANKEE CANDLE COMPANY, INC."Now as I read this, anything made of any type of wax that can be melted in a potpourri burner can not be referred to as "Tarts." The bakery can still sell Tarts since they aren't wax ..."Melts" seems to be more open. JerseyLite Candle Co has registered "Melt-it." Tyler Candle Co has a claim to "MixerMelts" but also notes "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MELTS" APART FROM THE MARK AS SHOWN"For those of you who don't know ~ To investigate if your idea is already trademarked the best place to start is www.tess2.uspto.gov / select Basic Word Search / if you want check what's active click the live radio button / then simply type the word or phrase. It's that simple. Quote Link to comment Share on other sites More sharing options...
shessuchatart Posted September 28, 2010 Share Posted September 28, 2010 We haven't rolled out our melts yet, and don't know that we will for sure, but I just figured we would call them soy wax melts (despite my user id, I do know not to use the term tart, lol, it was kind of a poke at the whole thing honestly). I had a list of ideas of what to call them, but then figured the chances that someone would search for one of those vs soy wax melts was pretty slim and I'd rather be found in a search than have a catchy name... Quote Link to comment Share on other sites More sharing options...
NaturallyTru Posted September 28, 2010 Share Posted September 28, 2010 Something to think about:Since so many candle makers call theirs melts...customers will recognize what they are.Trudi Quote Link to comment Share on other sites More sharing options...
Red Posted September 28, 2010 Share Posted September 28, 2010 what about wickless melts, wickless scents, ??? Quote Link to comment Share on other sites More sharing options...
adirondack Posted September 29, 2010 Share Posted September 29, 2010 Typed Drawing Word Mark WAX POTPOURRI TARTSGoods and ServicesIC 004. US 015. G & S: fragrant wax for use in potpourri burners. FIRST USE: 19870601. FIRST USE IN COMMERCE: 19870601Mark Drawing Code(1) TYPED DRAWINGSerial Number74114477Filing DateNovember 13, 1990Current Filing Basis1AOriginal Filing Basis1APublished for OppositionAugust 20, 1991Registration Number1663918Registration DateNovember 12, 1991Owner(REGISTRANT) YANKEE CANDLE COMPANY, INC., THE CORPORATION MASSACHUSETTS Routes 5 and 10 South Deerfield MASSACHUSETTS 01373 (LAST LISTED OWNER) YANKEE CANDLE COMPANY, INC. CORPORATION BY ASSIGNMENT, BY ASSIGNMENT MASSACHUSETTS PO BOX 110 SOUTH DEERFIELD MASSACHUSETTS 013730110Assignment RecordedASSIGNMENT RECORDEDAttorney of RecordJUDITH KUNDLDisclaimerNO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WAX POTPOURRI" APART FROM THE MARK AS SHOWNType of MarkTRADEMARKRegisterPRINCIPALAffidavit TextSECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20010901.Renewal1ST RENEWAL 20010901Live/Dead IndicatorLIVE Quote Link to comment Share on other sites More sharing options...
Judy, USMC Posted September 29, 2010 Share Posted September 29, 2010 So, adirondack, looks like "Wax Potpourri" is an option that's OK to use! Quote Link to comment Share on other sites More sharing options...
melpitt Posted September 29, 2010 Share Posted September 29, 2010 Because of the business name mine are called Treasure Melts Quote Link to comment Share on other sites More sharing options...
adirondack Posted September 29, 2010 Share Posted September 29, 2010 I am really not sure by the wording what it means. Quote Link to comment Share on other sites More sharing options...
SharonKay Posted September 29, 2010 Share Posted September 29, 2010 I am thinking of calling my clamshells mini scents and my portion cups Scent Poppers.Sharon Kay Quote Link to comment Share on other sites More sharing options...
ScentedLuxuries Posted June 11, 2011 Share Posted June 11, 2011 Oh no Mine are called Tarts...... What could happen???ty!BI know! Right? Me too! Been using the word for years. Quote Link to comment Share on other sites More sharing options...
maicopetro Posted July 1, 2011 Share Posted July 1, 2011 (edited) Really the good collection. I decided to go with Posh Melts for the tarts and Posh Fizzies for bath bombs and Posh Balm for lip balms. Jeez that is alot of Posh going on.Tablecloth Edited July 1, 2011 by maicopetro Quote Link to comment Share on other sites More sharing options...
comfortscents Posted July 1, 2011 Share Posted July 1, 2011 I just trademark a phrase that someone on eBay has been using for years. It was such a broad phrase I thought for sure it was trademarked, but..I still went ahead and filed the necessay paperwork, through an attorney. well, the phrase had not been trademarked so I trademarked it. I gave the eBay seller 60 days to start phasing out her use of the phrase. I didn't have to do it, I could have sent a cease and desist. So, I get an email from her attorney that I just told her to contact my attorney instead. she viewed the term like it was a common law marriage or squatting..lol...she had plenty of time to make that phrase her own. WSP did or still may sell a liquid soap colorant "Tiffany blue" I poured box shaped soap and called them Tiffany Blue Gift Boxes. For emphasis this I put a Tiffany Box in the photo. eBay pulled the auction, so I was told to change the title and I think I changed it to something like Tiffany Blue color gift box and pulled the real box out of the photo. Calling something Shabby Chic on eBay is as bad as using tarts. However, phrases like Shabby n Chic or Chic and Shabby are acceptable. I've had mold makers steal my finished product photos to sell their molds. Only one mold maker has my permission to do this. Once when scanning eBay I saw one of my cupcake soaps and was thinking "do I have any auctions going on right now? eBay did nothing. eBay soap makers are a pretty chill group, but candle makers and one or two mold makers are pure hell to deal with. I am blocked by so many mold makers I have people from here buying items for me..lol. I haven't sold on eBay for several years but I know I never used melts I think I used the word tarts...but maybe got lucky that no one pulled my auctions. Quote Link to comment Share on other sites More sharing options...
JoysousDesigns Posted September 28, 2011 Share Posted September 28, 2011 My gosh, I have only just registered on this site after hunting for an active candle forum, I didnt know there was soo much drama with a couple of words, I am in Australia so I am not sure how much of american trademarks matter here but I am pretty sure they do and I don't feel like going broke to find out. I am thinking I use Joyous Designs as a business name for any of the craft pursuits I try and I am thinking Joyous Melts sounds pretty good and might not get me into trouble. So glad I found the place. Thannks, JOy Quote Link to comment Share on other sites More sharing options...
KandiDecora Posted December 26, 2012 Share Posted December 26, 2012 I had something similar to this happen to me. I bought a 50pc lot of cameos for jewelry making off eBay from China. I used them as elements in my jewelry that I listed on Etsy. I get an email from a woman saying that these are her trade marked image I checked and she had no picture and had only owned the rights for about a month when I had proof I bought the cameos 7 months prior to her email. Etsy still removed my listings and gave me a warning. Back to the subject at hand I am still in the testing phase but once selling time is near I'm thinking of calling them soy scent bombs. Quote Link to comment Share on other sites More sharing options...
kimmeroo Posted December 29, 2012 Share Posted December 29, 2012 They are Melts for me too; since that is what they do (I hope) Can you imagine the amount of chandlers out there that use the term "Tart", OMG it is on so many sites.I have also noticed alot of chandlers are using licensed cartoons ( like Batman..Hello Kitty..etc..) for molds and stuff. Yikes! Quote Link to comment Share on other sites More sharing options...
Faerywren Posted December 29, 2012 Share Posted December 29, 2012 I have also noticed alot of chandlers are using licensed cartoons ( like Batman..Hello Kitty..etc..) for molds and stuff. Yikes!A lady somewhat local to me lost her entire business because she wouldn't quit using licensed images etc. on her candles. She did a lot of gel candles, but she would have NASCAR candles with images of the race car and lots of college football stuff. She was warned numerous times. She didn't listen and lost everything. She had a nice brick and mortar operation with a few employees and her candles were in a lot of stores. Lots of folks are skating under the radar doing that kind of stuff, but I don't see why you'd want to take that kind of chance. Quote Link to comment Share on other sites More sharing options...
HayCreekCandles Posted January 24, 2013 Share Posted January 24, 2013 We used to call ours "breakaway melties" LOL. they didn't sell so I haven't made them in probably 6 or 7 years?? Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.